1. Definitions

Applicable Law” includes all applicable laws and regulations, including GDPR, the Bulgarian Personal Data Protection Act, PCI DSS, and Card Network rules.

“Card Networks” means Visa, Mastercard, American Express, and other applicable payment schemes.

“Merchant” means the legal entity authorized to use the Services.

“Services” means the payment processing, authorization, settlement, reporting, and related services provided by the Company.

2. Eligibility and Account Registration

2.1 You must be a legally registered business entity with full authority to enter into these Terms.

2.2 You agree to provide accurate, current, and complete information during onboarding and to keep such information updated.

2.3 We reserve the right to approve, reject, suspend, or terminate Merchant accounts at our sole discretion, subject to Applicable Law.

3. Scope of Services

3.1 The Services enable the Merchant to accept electronic payments, including card payments, via the Company’s PCI DSS Level 1 compliant payment gateway.

3.2 The Company acts solely as a technical payment service provider and is not a bank, issuer, or acquirer.

3.3 Transaction authorization and settlement are subject to issuing banks, acquiring banks, and Card Networks.

4. Merchant Obligations

4.1 The Merchant shall:

• Comply with Applicable Law and Card Network rules
• Maintain PCI DSS compliance where applicable
• Use the Services only for lawful transactions
• Implement reasonable technical and organizational security measures

4.2 The Merchant shall not:

• Process illegal or prohibited transactions
• Store sensitive authentication data (including CVV or PIN data)
• Use the Services in a way that compromises security or system integrity

5. Fees and Settlement

5.1 Fees are agreed separately in a commercial agreement or pricing schedule.

5.2 Fees are exclusive of VAT unless stated otherwise.

5.3 Settlement timing is subject to acquiring bank and Card Network rules.

6. Data Protection, Privacy, and Security

6.1 Each party shall comply with GDPR and all applicable data protection laws.

6.2 The Company acts as a Data Processor for end-customer payment data and as a Data Controller for Merchant account and operational data.

6.3 The Company maintains PCI DSS Level 1 certification. PCI DSS compliance is a shared responsibility.

6.4 The Company may conduct audits or request compliance documentation as required by regulators or Card Networks.

6.5 Personal data processing is governed by the Company’s Privacy Policy.

7. Intellectual Property and Confidentiality

7.1 All intellectual property rights related to the Services remain the exclusive property of the Company.

7.2 The Merchant is granted a limited, non-exclusive, non-transferable license to use the Services for internal business purposes only.

7.3 Each party shall keep confidential all non-public business, technical, and security information, unless disclosure is required by law.

8. Service Availability, Suspension, and Termination

8.1 The Company uses commercially reasonable efforts to maintain service availability but does not guarantee uninterrupted or error-free Services.

8.2 The Company may suspend or terminate the Services immediately if required by law, Card Networks, or in cases of suspected fraud, security risk, or breach of these Terms.

8.3 Either party may terminate these Terms with written notice, subject to any minimum term agreed separately.

9. Liability, Indemnification, and Force Majeure

9.1 To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, or consequential damages.

9.2 The Company’s total liability shall not exceed the fees paid by the Merchant in the twelve (12) months preceding the claim.

9.3 The Merchant shall indemnify the Company against claims, fines, or losses arising from the Merchant’s breach, non-compliance with law, or illegal transactions.

9.4 Neither party shall be liable for failure or delay due to force majeure events beyond reasonable control.

10. Governing Law, Amendments, and Contact

10.1 These Terms are governed by the laws of the Republic of Bulgaria, and disputes are subject to the exclusive jurisdiction of Bulgarian courts.

10.2 The Company may update these Terms from time to time. Material changes will be notified where required by law.

10.3 Contact: hello@paydeca.com